The Ninth Paragraph Touching the Prudential Laws and Constitutions of Great Britain relating to Prince and Peeple As also The Eminence and Variety of Honours which the King can confer c. VVHat the Arteries Nerfs and Cartilages are to the Body Natural the same are Laws to the Political they are the Ligaments of a Kingdom which connect and tie all sorts of peeple though of so many different humors in one Goverment and under one Souverain head The Common Law of England though in some things it differs from the Civil by which most parts of Europe are governd yet it hath the rationability and justness the general notions and aym of the Civil Law which is to preserve evry one in the possession of his own and the Souverain Prince in honour power and Safety The main quarrel against it is that it wants Method and that it is not reducible to any or capable to be digested into such a Pandect as the Civil Law is Wherunto it may be answered That the Common Law of England hath for its grounds 1. Custome 2. Iudicial Records And 3. Acts of Parlement or Statuts The two later being declarations of the Common or Customary Law of the Land are methodizd and digested to order as the book of Statuts c. whence the Sheriffs the Justices of peace and Constables with other Officers may learn their duties and how to execut their places and any subject els may know how to keep himself within the bounds of his obedience But the Common Law of the Land consisting of Cases Precedents and Judgments as also of Immemorial and Uninterrupted Municipal Customs which being no Written Things Therfore it is no wonder that the professors therof have not bin so curious to attempt hitherto the Methodizing of that Art which consists most of Custom and Usage yet fair Essays are made daily for better retaining the same in memory by putting particular Cases under general Rules wherof ther are divers Volums frequently publishd of late yeers Now the Laws of England look two ways either upon the Souverain Prince or upon the peeple Touching the later ther is no Law upon earth so careful and tender of a mans life or livelihood be he the meanest subject under the Crown as the Common Law of England is For wheras in other Countries a single Judge and Witness may take away ones life or estate wherof the one may be subornd the other corrupted t is not so in England but besides Witnesses and Judges ther be two sorts of Iuries one the Grand Inquest which consists of twenty four Gentlemen or able Freeholders to consider by a previous consultation of all Bills of Inditement to be preferd to the Judicial Court which upon strict examination they either approve and transfer to the Court by writing upon the Bill Billa vera or they disallow it by writing Ignoramus Such causes as they approve if they concern Life and Death are further referrd to another Iury to consider of because the case is of such importance but others of lighter moment are upon their allowance fined by the Bench without more ado Except the party traverse the Inditement or chalenge it for insufficiencie or remove the Cause to a higher Court by a Certiorari in which two former cases it is referrd to another Jury and in the later transmitted to a higher and presently upon the allowance of this Bill by the Grand Inquest the party is said to be Indited but such as they disallow are deliverd to the Bench by whom they are forthwith cancelld or torn The Indited party being to stand afterwards at the Bar and desiring to be tryed by God and his Country ther is a Petty Jury empannelld of Twelve who bear the publick repute of honest men and the Law of England is so indulgent of life that the prisoner may challenge or except against any to such a number and withal a Butcher who is inurd to bloud and slaughter is incapable by the Law to be a Jury-man for life So the said Jury after a strict and painful examination of the Fact with all the least circumstances therof deliver their Verdict according to their consciences wherby the Judg doth acquit or condemn the party according to the quality of the offence nor can any pecuniary Mulct satisfie for the life of any as it is in other Countries And as the Common Law of England is thus so tender of humane life so it is as cautious indulgent and careful of the livelihood and propriety of the meanest subject in the Land which in case of controversie is done also by Jury and put home to the Consciences of twelve indifferent good men and not left only to the breast and opinion of any one Judge be he never so learned and incorrupt The English Law likewise favors Widows and Orphans and the poor have Counsel appointed them gratis c. It appeers out of the premisses what a great regard the Common Law of England the Lex Terrae hath to the lifes and properties of the peeple in point of Justice Now in point of Reverence and Loyalty to the Souverain Prince which is more pertinent to this disourse ther is no Law hath higher regards likewise that way nor also to his honour and dignity to his welfare and safety to his Royal Prerogatives and glory which Prerogatives intrinsecally stick and are inherent in the Crown yet are they and the Liberties of the Subject determined and bound by the Law The Laws of England make the King their Protector and reason good for they are his own Productions t is he that puts life into them They bear such reverence to his person that in his Presence none can be seizd or violently layd hands on or arrested his very presence being a Protection for the time He who giveth but a blow to any in his Court the Law adjudgeth him to loose his Right hand The Law sayth that the King hath his Title to the Imperial Crown of Great Britain and to his Kingly Office and power not as a fiduciary thing conveyed from the peeple but by inherent birthright and inalienable heritage immediatly from God from Nature and from the fundamental Constitutions of the Land He hath not only Ius paternum a paternal power over his subjects but Ius despoticum herile he hath dominion over them which Dominion is devolvd upon him gratiâ Dei by Divine dispensation and favour Ther is no Alleageance or Fealty due to any other power but to the King The Law is so careful of the sacred person of the King that it reacheth unto the very thoughts and restrains them from machination of any evil against him For the Law says it is Treson to Imagine mischief against the King much more to attempt act and execute it The Common Law of England makes the King the Supreme and independent Governour And all other persons derive their power and authority from him either by his Royal Writ Patent or Commission
among Christians but of any other Nation upon earth As also the first King who gave Royal Arms His Coat being Azure nine Crowns Or marshalld 3. 3. 2. and 1. Afterwards the Saxon Kings gave Arms And Edward the Confessors Coat was Azure a Cross patence between four Martelets Or. And as King Arthurs Round Table which is yet to be seen at Winchester had seats for twenty six Knights so it seems King Edward proportiond his number Now the occasion of it was That he having resolvd upon a War with France for attaining that Crown which was due unto him by his Mothers side He conceavd it advantageous to invite and engage to his party such as were of a Martial spirit And to that end erected a round Table at Windsore in imitation of King Arthur where they were entertaind with Tilts and Tournements magnificent Feasts and other Princely ways to unite and encourage them Philip de Valois who was in possession of the Crown of France went about to countermine him by erecting also the like Table in his Court and so drew many gallant and adventurous spirits that way and some out of England so that King Edward not finding this designe answerable to his mind he fell on another such as might prove more adherent and binding unto Him to which end he establishd this high Order of Chivalry consisting of twenty six persons of eminent note wherof He Himself and his Successors Kings of England were to be perpetual Souverains All of them were to be men of Heroick parts and such as shold be obligd by Oath and Honour to adhere unto Him upon all occasions which might be the probablest cause that he made the Garter for a Badg therof to be fastned about the left leg with a Buckle of Gold to be continually worn therfore are They stild Equites Periscelidis as was touchd before which hath its Etymologie from the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Crura ambiens girding about the knee which alâ—…udes that those Knights shold be bound in one League and Confederation of love and affection severally one unto another and all of them in joynt service to the Souverain Some ther are who are of opinion that the Garter was given because that in a Battle where King Edward provd Victorious he had given the word Garter for a Signal Others in a derogatory way wold ground it upon the Countess of Salisburies Garter falling off from her in a dance and so taken up by the King But the Black Book in Winsore which deserves most faith in this point gives the first Reason for it Among other Laws that were enacted in the Chapter when this Order was first raysd one was That evry Knight by solemn Oath upon the Evangelists was sworn to defend the Honor and Quarrels the Rights and Lordship of the Souvrain c. Such a Sacramental Oath the Knights of the Bath also take which is To love their Sovrain above all earthly cretures and for his right and dignity to live and die c. Therfore I have often stood astonishd at the largeness of the consciences of some Knights of both these Orders who besides other astringing Oaths as those of Allegeance Supremacy c. could dispense with them All in the late Rebellion so far as not only not to adhere to their Sovrain Liege-Lord and King when his life was sought for by small and great Shots with other instruments of open hostility and slaughter but to appeer for to serve and stick unto the contrary party all the while Truly under favor I wold be-loth to exchange souls with them We will put a period to this Discours of the ancient Noble Order of St. George with a signal observation of Bodin's Decretum fuit in Collegio Equitum Periscelidis in Anglia ponere stemmata Regis Francorum ante caetera omnia post Principem Ordinis It was decreed in the College of the Knights of the Garter in England to put the Stems of the King of the French before all other except the Prince of the Order And the reason I conceive was that Philip the second whiles King of England was formerly put before But Bodin was herin deceavd for the Emperours Arms wherof ther have bin eight of the Order go before and have the precedence Out of the premises may be deducd this cleer Conclusion as a Meridian Truth that the Common Law of England in all things ayms at the Honour and glory the power and authority the Safeness and incolumity of the Sovrain Prince more then the Laws of any Country And wheras we had some touches before how the Common Law which is peculiar only to England hath the rationability of the Civil Law though not so digested to Method in regard it consists most of Custom Cases and presidents we will conclude this Paragraph with some principles wherin they both agree As Actori incumbit onus probandi The proof lies on the Accuser Nemo oportet esse sapientior legibus No man ought to think himself wiser then the Laws Ubi lex non distinguit ibi non est distinguendum We must not distinguish where the Law doth not Accessorium non ducit sed sequitur suum principale The Accessory doth not lead but follow the principal Volenti non fit injuria No wrong can be done to him who is willing Agentes Consentientes pari poena plectuntur Actor and consenter are to be punished alike Apices Iuris non sunt Iura The punctilios of the Law is no Law Nemo potest esse Iudex in propria causa No man can be Judge in his own cause Caveat Emptor Let the Buyer beware Contraria allegans non est audiendus Who alledgeth contraries is not to be heard Cujus est dare ejus est disponere The Giver may dispose of his gift as he pleaseth Quilibet in Arte sua est credendus Evry one is to be believed in his own Art Potestas derivativa non potest esse major primitiva A Commissioner cannot have greater power then He who gave him the Commission Dies Dominicus non est Iuridicus The Lords day is no day of Law Dormit aliquando Lex moritur nunquam The Law may sleep a while but never die Dilationes in Lege sunt odiosae Delays in Law are odious Facinus quot inquinat aequat All are principals in a crime Generale nihil certi implicat No certitude can be had out of generals Ignorantia non excusat Legem Ignorance of the Law doth not excuse the breach of it Lex non cogit ad impossibilia The Law doth not tie us to impossibilities Lex est summa Ratio The Law is the highest Reason Lex citius tolerat privatum damnum quà m publicum malum The Law tolerats a privat damage rather then a publick Mala Grammatica non vitiat Chartam False Latin doth not destroy a Deed Linea Recta semper praefertur transversali A right Descent is always preferrd before a Collateral in
kinred Nemo debet his puniri pro uno delicto No man is to be punishd twice for one offence Nemo potest plus juris in alium conferre quà m Ipse habet No man can transfer a greater power to any other then he hath himself Nemo tenetur prodere seipsum No man is bound to betray himself Omnia quae movent ad mortem sunt Deo danda All things which cause death are forfeit to God Qui non habet in aere luat in corpore Where the purse cannot let the body suffer Qui peccat ebrius luat sobrius Who offends when he is drunk let him be punishd when he is sober Qui sentit commodum sentire debet onus Who receive the benefit ought to feel the burden Quod semel meum est ampliùs meum non est That which was mine is none of mine Stat praesumptio donec probetur in contrarium A presumption stands till the contrary be provd Ubi non est principal is ibi non potest esse accessarius Where ther 's no principal ther can be no Accessary Unumquodque dissolvitur eo ligamine quo ligatur Evry thing is untyed as it is bound Par in parem non habet Imperium Equals cannot command one another Nemo dat quod non habet No man can give that which he hath not And this doth hold also in Heraldry therfore the Knighthoods with other Honors that Cromwel was so free to confer are void in Law because he was never Knight himself By these few Principles with multitudes more it appeers that the Common Law hath much affinity with the Civil wherof ther are as learned Professors in England as any where els Whence it may be inferrd that the King of Great Britain is supplied with more helps for the administration of Justice then any Nation in the world besides For in regard that England is an Iland having such a great Trade at Sea and so great dealing with divers other Nations Having also besides Land-matters both Temporal Ecclesiastical and Maritime which are not so proper for the Common Law He allows of the Civil Law answerable to the quality of the Case which hath bin practised in England beyond the memory of man or the reach of any Record And though ther happen oft some Emulations and high Contests betwixt these two Professions yet such hath bin the prudence of the Souvrain Prince to keep them both in as equal a Balance as could be and not to suffer the one to insult or encroach upon the other but to have the same freedom of study and practice to the universal good of Forreners as well as of his own Subjects And so much concerning the National Law and Prudential Constitutions of England The Tenth and last Paragraph Touching the greatness of Power of Military Might and Puissance by Land and Sea as well Defensive as Offensive c. of the King of Great Britain THe Duke of Rohan in his Book calld Les Interests des Princes The Interests of Princes saith that England is like a great Animal that cannot die unless he kill himself He acknowledgeth Her also to be Latroiseâ—…e Puissance the third Power of Christendom But by the Arguments that shall be producd in this Paragraph I believe it will appeer to any discerning and unbiassd Reader that England taking her Kingdoms annexd along with her strength at Sea as well as shore will be inferior to none Ther was a Comparison made long since That Gallia Hispania sunt quasi lances in Europae libra Anglia est lingula sive libripendens That France and Spain were as the Scales of the great Balance of Europe and that England was the Toung or Beam of the Balance which keeps it in aequilibrio in an even counterpoise that neither side shold be trabâ—…ccant This hath bin often verified specially in the Raign of Henry the eighth whose Motto was Cui adhaereo praeest He to whom I adhere prevails He wold somtimes make Francis the first to weigh down somtimes Charles the fifth And touching the former He acknowledgd King Henry under God to be the chiefest Deliverer of Him and his Children from his captivity in Spain And so likewise did Pope Clement when he was freed from the Castle of St. Angelo where Charles the Emperour had coopd him up Therfore was Henry of England calld Liberator Orbis by the whole Confistory at Rome as he was before Protector of the great Clementine League And indeed the Arbiter of all Christendom in his time Touching the Martial Might of the King of Great Britain we will first examine that of England which we must distinguish into Intrinsecal or Terrene And into Extrinsecal or Maritime Concerning the first ther are five Counties alone can put into the Field fourty thousand men all armd for so many are listed in the Muster-makers Book as Traind-Band-men viz. the County of York 12000 Kent 8000 Norfolk 〈◊〉 and Devonshire above 6000 apiece And the rest of the Counties whereof ther are fourty seven may have twice as many at least which come to a hundred and twenty thousand Soldiers eâ—…olld and ready upon all occasions either for general service or privat in the Counties where they are for assisting the Sheriff and other Officers in the execution of the Law in case of any resistance therfore are they calld Posse Comitatuâ—… The power of the County So that in time of peace England alone hath an hundred and twenty thousand Soldiers enrolld besides those in Ireland and Scotland And in time of War the late bloudy Rebellion bleeding yet in the purses and estates of many thousand poor Cavaliers hath sufficiently tryed the strength and wealth of England For ther was a computation made at one time of those that were in actual Arms for King and Parlement and they came to neer upon two hundred thousand fighting men under Commission wherof ther were about fifty thousand Horse and Dragoons And I do not remember to have read that in the time of the famous Ligue in France ther were so many take in strangers and all Hence we see that the King of Great Britain may be said to have a constant standing Army in time of peace of which he hath the sole disposing For the Sword is his as much as the Scepter and the Crown which are inalienable from his power and incommunicable to any other but by his Royal Commissions And indeed t is the Sword that makes all Kings powerful The Crown and the Scepter are but impotent and poor unweildy things they are but naked Indefensible badges without it Ther 's none so filly as to think ther 's meant hereby an ordinary single sword such as evry one carrieth by his side Or some Imaginary thing or Chymera of a sword No t is the publik Polemical Sword of the whole Nation It may be calld an Aggregative or compound Sword made up of all the Ammunition the Artillery Pikes Muskets Helmets Headpeeces with all kind of armes
by the Laws of the Land though as a dutiful Son to the Church out of pure Ideas of Devotion he is contented to be obedient unto his Mother in spiritual things Yet ther are divers Tramontan Writers both Italian and Germans who being devoted to the Emperour wold make the Kings of Spain England and France to acknowledg the Emperour and they who do it not remain in no less then mortal sin And one of the main Arguments which they urge is That the Emperour Sigismund before the Council of Constance assembled sent his summons among other to Ferdinand King of Aragon to be there for the universal good of Christendome But herunto t is answerd That the glorious Emperour Charles the fifth made a solemn Protestation that he decreed nothing in Spain under the notion of Emperour For though he had a double quality yet whatsoever he acted in Spain was singly as he was King therof This signal Diploma or publick Protestation is yet to be seen in the Archives of Spain and is mentiond in the History of Pedro Mexia which runs thus Don Carlos por la gracia de Dios Rey de Romanos futuro Emperador semper Augusto Rey de Castilla y de Leon c. En uno con la muy alta y muy Poderosa Reyna Donna Iuana mi Sennora Madre Por quanto despues que plugo a la Divina Clementia por la qual los Reyes reynan que fuessemos Eligidos Rey de Romanos futuro Emperador y que de Rey Catholico de Espanna con que eramos bien contentos fuessemos promovido al Imperio convino que nuestros Titulos se ordenassen dando a cada uno su devido lugar Fue necessario conformando nos con razon segun la qual el Imperio precede a las otras dignidades seglares por ser la mas alta y sublime dignidad que Dios instituyò en la Iâ—…ierra de preferir la dignidad Imperial a la Real y de nombrarnos y intitularnos primero como Rey de Romanos y futuro Emperador que la dicha Reyna mi sennora lo qual hizimos mas apremiado de necessiâ—…d que de razon que por voluntad que dello tenemos porque con toda reverencia y acatamiento la honramos y desseamos honrar y acatar Pues que demas cumplir el mandamiento de Dios a que somos obligados por Ella tenemos y esperamos tener tan gran sucession de Reynos y senorios como tenemos Y porque de la dicha prelacion no se pueda Seguir ni causar perjuizio ni confusion adelante a los nuestros Reynos de Espanna ni a los Reyes nuestros Successores ni a los naturales sus subditos que por tiempo fueren Por ende queremos que sepan todos los que agora son ò seran de aqui adelante que nuestra intencion y voluntad es que la libertad y exempcion que los dichos Reynos de Espanna y Reyes dellos han tenido y tienen de que han gozado y gozan de no reconocer Superior les sea agora y de aqui adelante observada y guardada inviolablemente y que gozen de aquel estado c. Yo el Rey. Thus rendred into English Don Carlos by the grace of God King of the Romans and future Emperour always August King of Castile and Leon c. together with the most high and most mighty Dame Ioan my Lady Mother Wheras since it pleasd the Divine Clemency by which Kings raign that we were elected King of the Romans future Emperour and from a Catholik King of Spain wherwith we were well contented we were promoted to the Empire it was convenient that our Titles shold be orderd giving evry one his due place It was necessary conforming our selfs to Reason wherby the Empire precedes to other secular Dignities it being the highest and most sublime Dignity which God hath instituted on earth to prefer the Imperial Dignity before the Kingly and to name and intitle our selfs as Kings of the Romans and future Emperour before the said Queen my Lady which we did being pressd more by necessity then by any willingness we have therunto because we honor and respect and desire to honor and respect Her with all reverence and duty in regard that besides the accomplishing of Gods Commandment wherunto we are obligd we hold by Her and hope to hold so great a succession to Kingdomes and Dominions which we hold And because no prejudice or confusion may ensue to our said Kingdoms of Spain nor to the Kings our â—…uccessors nor to the Native Subjects that shall be for the time Therfore our desire is That all those who now are and shall be herafter may know That our intention and will that the Liberty and exemption which the said Kingdoms of Spain and their Kings have held and do hold that they have enjoyd or do enjoy Not to acknowledge a Superior be observd unto Them now and herafter and be inviolably kept And that they enjoy the same liberty and ingenuity which at the time of our promotion and before they had and enjoyd c. And our will is that this Declaration have the force and vigor of a Pragmatical Sanction c. Given in the City of Barcelona 5. 7bris 1519. I the King This Royal Manifesto or Pragmatical Sanction you see doth assert the absolut and independent Authority of the Kings of Spain and that they do not only renounce all subordinations but are free from the least acknowledgment to any Forren Power insomuch that it is enacted by the Laws of Spain that to avoid the least suspition of any obedience to the Empire the Civil Roman Law is not to be kept or alledgd as Law Nor indeed for driving out the Saracens and other Infidels was Spain ever obligd to the Empire or any other Extrinsik Power but she did it by the effusion of her own blood by the strength and valour of her own Natives Moreover the Kings of Spain are so far from any recognition of subjection to the Empire or any outward power that they themselfs in former Ages have bin frequently called Emperours in publik Instruments as Decretals Acts of Councils and Apostolical Epistles from Rome Now if they did merit to be calld Emperours then how much more is that Title adaequat to the Kings of Spain in these latter times wherin they are grown to be Lords of above half of the whole Terrestrial Globe Nor is the King of Spain thus exempt from all Forren extraneous Authority but in point of intrinsecal and domestik Power he is as absolut as any other for it hath not bin found this hundred yeers that his Subjects did refuse the payment of any Impositions which have bin many in regard he wars with all the world who repine at his Greatness Yet is he still Reâ—… Hominum a King of Men viz. of Free Subjects and not a King of Asinigos as his
at Mahomet the thirds Circumcision which lasted 40 days there being then in Constantinople the Ambassadors of the greatest Monarchs upon Earth yet the Ambassador of Rodulphus the Emperour had the Precedence of them all All this is but Collateral to the main Designe of the intended Discourse which aims chiefly at Kings whereunto we now hasten but we will first give a few Hints or Prolegomenas of the Original of Kingly Government Of Royalty or Kingly Government THere is a Saying in France Pape par voix Empereur par Force Roy par Nature Pope by Choice Emperour by Might King by Nature viz. Successive and Hereditary Kings who ought to have the Precedence of Elective Whence may be inferred That Kingly Government is most agreeable to Nature Now 't is a tru and elegant Principle That Naturam sequi est Deo obsequi To follow Nature is to obey God Concerning the Character or Title of King it is of a more ancient date then that of Emperour For they who grope at Government before the Floud speak of Kings in Chaldee and Egypt Rome began with Kings and it may be said that it was more the Peeples Wantonness then Tarquin's which put them down Afterwards the Name of Emperour was given to that person who was Commander in chief of the Army or Praetorian Bands and Legionary Soldiers it was not a Title of that Sublimity and Transcendence as it proved afterward Among the Greek Authors the Names of Monarchs Kings and Emperours are taken promiscuously But all Writers that pretend to Policy acknowledge that Kingly Government of all other as it is the most ancient and may be said to begin with Adam so it hath most conformity with that of Heaven whence the best patterns for all Humane Actions are to be fetch'd and 't is no presumption to do it Moreover of all kinde of Ruling Powers Royalty is the prime for in it as the Civilians say there is formalis completa gubernandi ratio the most formal and compleat Essence of Government Royalty also hath the easiest the fewest and certainst Principles if any certain can be found for there is no Knowledge so subject to confusion and incertitudes as the Art for Man to govern Men It could never yet be brought to a Science which consists of general and tru Apodictical Demonstrations The Reason may be the various Inclinations Caprichio's and Humours of Peeple proceeding from the diversity of Climes and Coelestial Influences as also from that World of Contingencies which attend Human Negotiations likewise from the diffring Positions of Earth for those Laws and kinds of Government which may be proper for the Continent will not fit an Insulary Peeple nor those Laws of a Maritime Country can sute with meer Inland or Mediterranean Territories Therefore that Gran Senior of all Knowledge the Stagirite whereas he useth to be constant to himself while he gives Maximes for other Sciences when in his Politiques he comes to Human Government and beats his Brain how to prescribe certain Rules conducing thereunto He is not found onely at a loss and wavering to himself but he wraps his Scholars here and there in Clouds of Ambiguities Nor can we blame him and others to rove up and down in that manner upon this subject it being beyond the compass of Human Brain to enact such Laws may fit all times prevent all accidents and quadrat with the Genius of all Nations Some Peeple are so fiery-mouth'd that they must be rid with a Bit Curb and Martingale but a snafâ—…le and gentle hand will serve to manage others Now 't is observ'd that they who inhabit hard and barren Countries are more easily govern'd then those who live in fat and luxurious Soyls where being pamper'd with Plenty and Wealth they are apt to grow wanton and kick at or overthrow their Riders Yet it may be said that there is one certain and Universal Rule for Government and to keep a Peeple in a constant and exact Obedience and that Rule is For the Soveraign Prince to have always a standing and visible actual Power in motion as well to conserve as to curb a Peeple in case of any Commotion And 't is consentaneous to good Reason that the Subject shold contribut for this general Protection according to the saying Defend me and spend me that so evry one may rest under his own Roofs and sit at his own Fires in quietness and safety In sum All Statists concur in this That there is an Awe due to a King as well as Affection He must be a Dread Soverain as well as a Gracious and that Govermentâ—…s best temper'd where a few Drams of Fear are blended with the Peeples Love But now to our main Work Touching The Precedence of Kings And particularly of the great TRIUMVIRS OR The Three most Potent KINGS in Europe IN discussing this high Point we will first look Westward For there is a Story tells us That once when there were divers who stood in competition for the Kingdome of Persia it was agreed between them that the next morning they shold all meet in a great Plain and he who did first see the Sun rising and that his Horse did neigh shold be the King Being met on Horse-back at break of day as the rest stood gazing towards the East Darius one of the Competitors look'd always towards the West and at last finding a glance of the Solar Beams his Horse neighed whereat he suddenly turned back and so claim'd the Kingdome So to finde the truth of what is here sought after we will first look Westward towards Great Britain whose King may compare with any other whatsoever for these Reasons First for Antiquity of Predecessors and particularly of Christian Kings Secondly for an Independent absolute and unhomageable Possession and Authority both Spiritual and Temporal Thirdly for Eminence of Royal Dignity State and Titles Fourthly for Martial Exploits and Atchievments abroad Fifthly for a stout and strong sturdy freeborn Peeple with a plentiful Masculine Country and generality of Wealth Sixthly for a Royal long-lind Extraction and Blood Seventhly for Hospitality and a plentiful Kingly Court with number of Officers and stately Attendance Eighthly for diversity of Nations and diffring Maternal Languages As also that no Kings Face shines upon his Coyn in purer Metal Ninthly for Prudential Laws and Constitutions Tenthly for Greatness of Power by Sea and Land Defensive and Offensive With other Prerogatives I say that the King of Great Britain may hereby not onely claim an Equality with the other two but stand fair for a Precedence Now for proof of all the fore-pointed Particulars we will put evry one by it self and treat thereof in several Paragraphs and first Of the Antiquity of the King and particularly of the Christian Kings in Great Britain whereby we take A Jove Principium IT is observed by most Annalists who write of Countries and Nations that the Britains who were the Aborigenes the Primitive Inhabitants and may be said to be
in the I le of Britain Just according to the ancient Greek Poet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Many Lords are not good let there be but One. Now from that time to this the King of Britain had and hath as Souveraign and incontroulable a sway as any 'T is true that he admits others sometimes to share with him in Counsel but not in Power by a kind of Influence he gives Light and Command to others but he himself receives none from any In the Neighbouring Monarchies it cannot be said so and particularly in France and Spain where it may be said ther is Regnum in regno ther is another Power à Legatus de latere that in a Court of Plea sways ore the Ecclesiastiques who make a considerable part of the Peeple Touching the latter the King of Spain is Feodary either to the Pope the Emperour or to France for all the Countries he hath The Kingdomes of Navarre and Granada were made Feodary to the Pope under Iulius the second Aragon to Innocent the third as also Sardinia in formula fiduciae Sicilia is relevant from the Church as also both the Indies and the Canary Ilands For the Kingdome of Naples and Calabria he sends a Mule with a Purse-full of Gold as a Heriot to Rome evry year for fear of an Excommunication the next day at the receit whereof the Pope says Sufficiat pro hac vice He holds the Dukedome of Milan from the Empire and most of the Provinces in the Netherlands from France whereof he is a double Peer as he is Duke of Burgundy and Earl of Flanders Now 't is questionable among the Civilians whether a Feodary or Homager may be call'd an Absolut Prince specially when Appeals may be made from him to another Court as the Spanish Clergy may from the King to Rome in divers cases The Kings of ENGLAND are free from Subordinations of that kind as the Fundamental Laws of the Land and all the ancient Learned Judges do evidence 'T is a Principle in the English Laws which is confirm'd by Baldus and other great Forren Jurists That Rex neminem habet in Dominiis suis nec Superiorem nec Parem The King in his own Dominions hath neither Superior nor Equal He may be said to be both Caesar and Pompey There is another Omnes sub Illo Ille sub nullo All under Him He under none Another yet Satis habet Rex ad poenam quod Deum expectet Ultorem 'T is enough for the King that God is to be his Judge which is expressed in this Distic Subditus in Regem peccat Legemque Fidemque At Rex in Solum Rex quia nempe Deum Ther are divers others that are conducing hereunto As The King must not be put to do any thing per aspertè but of his free plesure The King never dies but the Heir apparent is King Inchoative as soon as the former dies and the Coronation is but a meer Ceremony not Essential for divers Kings as Hen. 5. and others had Alleageance sworn unto them before they were Crowned There are more Maximes yet That the King can do no wrong but his Ministers may through whose mouths he pronounceth sentence Moreover Nullum tempus occurrit Regi Ther 's no Immemorial or Prescription against the King It is High Treson not only to contrive but to imagine ill against the King By the Kings Prerogative Life it self may be leased c. But that Traverse twixt King Iohn and the Legat Pandolpho when they say he transferred the Crown to the Pope is much insisted upon wherunto t is thus answered That ther are four great things whereof the Records cannot be found The first is that wherin the Emperour Constantine gave Rome to the Pope The second is that wherin Venice hath the Dominion of the Adriatic or Illyrian Gulph The third is the Salique Law The fourth is that Instrument wherby King Iohn pass'd over his Crown and made the Pope Lord Paramount of England Sir Thomas More who was so far devoted to Rome that he is canoniz'd for one of her Martyrs denieth absolutly that King Iohn either did or could make England Feudetary to the Pope because without the consent of his Barons an Act so much prejudicial to his Royal Successors was not valid and that the Peter-pence which they hold to be a Tribut relating to the foresaid Act was but a meer Alms which was given by King Ina 500 years before Moreover put case ther had been such an Act yet it stands upon good record that Innocentius the third did give a Release in these words Per Praeceptum Domini Papae 7 Iulii Homagium relaxatur omninò The Rome-scot also was but Regis larga benignitas the Kings bountiful kindness Adde hereunto that when the Pontificial Power was here at the highest pitch no Legat de latere was allowed but the Archbishop of Canterbury his Subject who by his Dignity is perpetual Legat de latere He is Legatus natus as he of Toledo is in Spain and the Primat of Armagh in Ireland and in point of Precedence at the Council of Clermont anno 1096. a Prerogative was given him for ever to sit at all general Councils at the Popes right foot Pope Urban at that time declaring in these terms Includamus hunâ—… in Orbe nostro tanquam alterius Orbis Pontificem Maximum Let us include him in our world as Pope of another world 'T is true ther have been other Legats de latere upon extraordinary occasions admitted but it was with the Kings leave and with this Proviso That he hath no Authority to hold Plea in the Realm prejudicial to the Laws thereof or derogatory to the King Thus it appears that no Extern power hath any thing to do in Great Britain and as the Pope so the Peeple neither whether consider'd Diffusively Collectively Representatively or Vertually partake any thing of the Souverain Power ther is no power either Co-ordinat Co-equal Corrival or Collateral with it The Kings of England have had always by the known Laws of the Land a pure underived Power not depending upon Pope or Peeple or any other Prince whatsoever They are Kings by the Grace of God which implies no earthly Dependency It stands upon good record how King Ina in the Preamble to his Laws for he was a great Legislator begins I Ina by the Grace of God King c. and this was above a thousand years ago about two hundred years before Charlemain in whose time that stile of Dei Gratia came first in use in the Empire And as on Land the King of Great Britain hath such a Latitude and Independence of Supreme Power so by Sea he hath the like which is such that without disparagement much less any injustice to any I may avouch no other Prince hath the like The greatest claim of Sea-Dominion that France makes is to the Coasts of Armorica or little Britany and a few Leagues in the Mediterranean The Spanish Laws are for the
a Dialect of the Bascuence and Gascon That of Britany or Armorica is but a dialect of the ancient British continued so wonderfully in Wales after so many revolutions and changes of diffring Nations to this day Indeed the King of Spain hath an old Maternal Toung under his Dominions which is the Cantabrian or Bascuence all the rest are but several Idiomes or Dialects derived from the Latin and inlayd with a multitude of Morisco words The Castilian the Portugues the Catalan the Valenciano are Dialects of the Latin But the King of Great Britain hath two pure ancient Mother-Toungs within his Dominions which is the British or old Comraecan Toung And the Irish or Hibernian Toung which are subsistent of themselfs and have no derivation or affinity at all with any other Toung Ther are six Dialects also spoken in his Kingdomes The English which is a dialect of the Saxon or high Dutch Ther is the Scotish which is a sub-dialect of the English Ther is the Mankmen or they of the I le of Man which is also a sub-dialect of the Welsh Ther is the Highlander or Redshank which is a dialect of the British and Irish Ther is the Cornish which is a dialect of the Welsh And the Language of Iersey and Gernsey the only remains that are left us of Normandy which is a dialect of the French Now It cannot be soberly denied but that it is an addition of Honour to the King of Great Britain to have more Mother-Toungs reservd yet in his Dominions and as it were unconquerd then his two Neighbour-Kings Touching variety of Palaces and change of Royal Mansions he may compare if not out-go any of the other Kings For within half a days journey of London he hath eight several Houses and divers elswhere wheras the French King hath but the Louvre Fountainbleau Bois de Vincennes St. Germain de Laye and Madrid a small ruinous pile of stones which Francis the first causd to be erected in commemoration of his captivity so many yeers in Madrid in Spain in a small Brick House wherinto ther was a low little dore built by the command of the Emperour Charles the fifth of purpose to make the King stoop when he entred which he observing because he should not bow his head went in backward putting in his bum first The King of Spain hath but his Palace and La Casa de buen retiro in Madrid he hath Aranjuez with the Pardo between Madrid and the Escurial where he hath a Royal House yet it is but a Cantle of a Monastery t is but the handle of a Gridiron which that great structure resembles in memory of the Martyr St Laurence Philip the second having bin forced for the advantage of avenues to batter down a Convent dedicated to that Saint a little before the battail of St Quinten where he provd Victorious against the French and to perform a Vow he then made he built the Monastery of Saint Laurence at the Escurial Now touching all the foresaid Palaces in France and Spain Winsore-Castle may compare with any for Magnitude Majesty and State As Sir Thomas Roe who had bin Ambassador at the great Mogors Court at the Seraglio of the Gran Senior at the German Emperours at the French Polonian Danish and Swedish Courts I say Sir Thomae Roe did confidently and knowingly affirm that Winsor-Castle may not only compare but have the precedence of all the rest in point of Grandeur Majesty Situation and Stateliness Moreover the King of Great Britain hath Lodges and other places of plesure without number In regard of so many Forests â—…haces and Parks that are annexd to the Crown Touching Forests ther is no Potentat on Earth hath so many I may truly avouch Now a Forest is a Franchise of so Princely a tenure that according to the Laws of England none but the King himself can have a Forest if he chance to pass one over to a subject t is no more Forest but a Frank Chase. A Forest hath peculiar Laws of her own to take cognizance of and punish all Trespasses A Forest hath her Court of Attachments or Swainmote-Court where matters are as legally pleadable as at Westminster-Hall The Hart the Hind the Hare the Bore and the Wolf are Forest-beasts The Buck the Doe the Fox the Matron the Roe belong to a Chace and Park And all these kind of Recreations the King of Great Britain hath in so many Forests wherof ther are in England besides thirteen Chaces and seven hundred eighty one Parks these whose names follow alphabetically Forests name County 1. Applegarth Ebor. N. Rid. 2. Arundel Sussex 3. Ashdown Susses 4. Bear-Forest Hamp 5. Birnwood Buck. 6. Blackmore Wilt. 7. Blethvay Radnor 8. Bowland Lanc. 9. Braden Wilt. 10. Buckholt Hamp 11. Cantselly  12. Cardith Caermar 13. Chur. Hamp 14. Charnwood Leicester 15. Chul Wilt. 16. Coidrath Pembr 17. Copland Cumb. 18. Dallington Suff. 19. Dartmore Devon 20. Delamere Chesh. 21. Dene Gloc. 22. Dereford Salop. 23. Waterdown Suss. 24. Exmere Devon 25. Feckenham Wigorn. 26. The Forest. Cardig 27. Fromselwood Somers 28. Gaiternack Wilt. 29. Gautry Ebor. 30. Gillingham Dors. 31. Hatfield Essex 32. Harwood Salop. 33. Haye Heref. 34. Holt. Dors. 35. Huckstow  36. Inglewood Cumb. 37. Knaresburg Ebor. 38. Kings wood Gloc. 39. Knuckles Radnor 40. Leicester Leicest 41. St. Leonards Suss. 42. Lounsdale  43. Lowes Northumb. 44. Lune Ebor. 45. Leyfield Rutl. 46. Mallerstang Westm. 47. Mocktry Salop. 48. Narborth Pemb. 49. Neroch Som. 50. New Forest. Hamp 51. New Forest. Ebor. 52. Peak Derb. 53. Pewsham Wilt. 54. Pickring Ebor. 55. Radnor Radnor 56. Roscob Card. 57. Rockingham Northam 58. Sapler  59. Savernack Wilt. 60. Sherwood Notingh 61. Selwood Som. 62. Saucy North. 63. Wabridg Hunt 64. Waltham Essex 65. West Forest. Hamp 66. Westward Cumb. 67. Whichwood Oxf. 68. Winfield Westm. 69. Whitehart  70. Whittlewood Northam 71. Whitway  72. Wyersdale Lanc. 73. Winsore Bark 74. Wolmer  75. Wood. Ebor. 76. Worth Suss. 77. Wutmer Hamp This is the old number of Forests in England wherof a few as Blackmore in Wiltshire with others are deforested which Forests cannot by the Laws be in any ones hands but the Kings and the reason is because none hath power to grant a Commission for Justice in Eire but the King which Iustice is to keep a Court evry three yeers once but the Swainmoot-Court evry one yeer thrice Forests were at first for the Kings Princely delight Venery and plesure meerd with unremoveable marks and boundaries And the old Law is Omnis homo abstinent a Venariis meis super poenam vitae It was capital to hunt in any of the Kings Forests without leave Now if one shold make the Perambulation of all France and Spain he will not find half the number of Forests in both Kingdoms And whether this be not a notable advantage to the King of Great Britain in point of Honour let any unpassionat and sober-minded man determine
The Law presupposeth that he sits not only at the Kings Bench but in other Courts of Judicature for the Writs go Teste meipso And because the Law sayth that the King must govern in Mercie and Justice the sole power of Pardoning is in Him Moreover the power of Coinage is only in the King with the enhancing or decrying the price of money He is the sole Gran Master of the Mint wheras in France others partake with the King in this high Prerogative Nor doth any Kings Face shine in purer Metal for it shines onely in pure Gold and Silver and that of the finest Standard Mixture and Allay of any in Europe wheras I have seen and felt the face of the French King in Copper and Brass with other mixt mongrel stuff As also of the King of Spain's though he terms himself the Monark of Gold and Silver Mines yet the common currant Coyn twixt Merchant and Mechanick is Copper wherin the Hollander by his cunning hath done him a world of mischief from time to time by counterfaiting that Copper Coyn and â—…oysting it in by divers artifices as in a ship laden with Lead and Tin ther wold be somtimes divers Sows of Lead hollowed and crammd with quartils as also in hollowed Masts with other inventions Insomuch that one time when all the Vellon or Copper Coin was calld in and a scrutiny made how much had bin coynd ther were many millions more found to be brought in and counterfaited then had bin stampd in the Kings Mint By the Common Law of the Land the King of Great Britain hath three Royal Ensignes which cannot belong to any other He hath the Crown the Scepter and the Polemical Sword as I have mentiond in another Treatise and is proper to touch here By the first He reigns by the second he makes Laws by the third viz. the Sword He protects them Concerning the Crown or Royal Diadem the Laws of England assert that it descends upon his head by a right Hereditary line though through dâ—…vers ancient Royal Races wherof some were Conquerors The Crown is His as much as any mans Cap 's his own And ther is no Crown stuck with fairer Flowers I mean Royal Prerogatives wherof divers were spoken of before Concerning the Scepter it may be calld an Individual Copartner or a Royal Appendix to the Crown It doth capacitate the King to Enact Laws for before his Assent all the Results and Determinations of Parlement are but Bills they may be said to be but abortive things and meer Embryos nay they have no life at all in them till the King by his breath infuseth vigour and animation into them and the ancient Custom was for the King to touch them with the Scepter then they are Laws and have a virtue in them to impose an universal obligation upon all sorts of peeple Now it is an undeniable Principle of the Law of England That nothing can be generally binding without the Kings Royal Assent nor doth the Law take notice of any thing without it This makes Them to be calld afterwards the Kings Laws and the Judges are said to deliver the Kings Iudgments nay he himself is always Lord Chief Justice of England which Title is not assumable by any Subject Now before an English Law is made ther is mature and mighty long deliberation goes before for first the business is agitated and canvasd many days in the House of Commons which represents all the peeple of England till it comes to the ripeness of a Bill The Bill being drawn is read thrice in the House and having passd the brunt of all Exception t is engrossd and transmitted to the Lords and there also t is read thrice and debated with much deliberation Then by concurrence of both Houses t is presented to the King who consults with his Learned Counsel whether ther be any thing therin derogatory to his Prerogatives if not He gives his Royal Assent and then t is created a Law and generally binding Touching the power of the Sword it is more proper to treat of it in the next Paragraph Moreover the Lex Terrae the Common Law of England makes the King the Fountain of Honour nay without any disparagement or offence be it spoken He can confer Honor upon other Kings and Souverain Princes as he is Souverain of the Order of Saint George wherof ther have bin eight Emperors five Kings of the French four of Spain seven of Portugal two of the Scots four of Denmark three of Naples one of Poland and another of Sweden two Dukes of Urbine one of Millain one of Ferrara one of Savoy one of Calabria one of Holland one of Gueldres four Princes of Orenge seven Counts Palatin of the Rhin two Dukes of Brunswick two of Holstain one of Brandenburgh and one Duke of Wittenberg with divers other Forren Princes Now among all Orders purely Military ther is not any now remaining in the Christian world either more ancient or honorable then the Noble Order of Saint George wherof the Garter is a Symbole therfore are they calld Equites periscelidis Knights of the most Noble Order of the Garter which Order was first instituted by that Victorious King Edward the third who was offerd to be Emperour Anno 1350. which was threescore yeers wanting one before the Institution of the French Order of S. Michael by Lewis the eleventh and 229 yeers before the Order of St. Esprit by Henry the third and full fourscore yeers before the erection of the Order of the Golden Fleece by Philip Duke of Burgundy It is also 209 more ancient then the Order of the Knights of the Elephant which was devisd by the Kings of Denmark and much more then that of Amaranta excogitated by Sweden c. Now observable it is that among all these Orders l'ordre del toison d'or the Order of the Golden Fleece related to the English Wools which were transported to Flanders by our Merchants wherby all the Provinces adjoyning did so infinitly enrich themselfs And this Order of the Golden Fleece as it is one of the highest Esteem so it hath most affinity with our Order of St. George in point of Regulation as also that ther are so few of it For our Order is accounted far the Nobler because it hath constantly kept it self to the same number of Knights viz. 26. since the primitive Institution wheras the French Orders have multiplied so fast in number of Knights that one said the Order of the French Knighthoods are now become Collers for every Ass to wear about his neck And as this high Order of St. George hath the precedence of all other now worn by any King in point of Antiquity so the ground and designe of it was very Noble For when the first Idea of erecting a new Order of Knighthood entred into the head of the foresaid Heroick King Edward the third his thoughts reflected upon King Arthur who indeed was the first founder of Knighthood not only
small and great It reacheth to all the Military strengths both by Land and Sea to all tenable places as Castles Forts Bulwarks within and about the whole Iland The Kings of England have had the sole power of this Sword and the Law gives it them by vertue of their Royal Signory from all times The very Law doth gird it to their sides They employ it for repelling all Forren force For vindicating all Forren wrongs and affronts For suppressing all intestine Tumults and Rebellions And to protect and secure the weal of the whole Body politick The peeple of England represented in Parlement were never capable to manage this Sword the Fundamental Constitutions of the Country flatly denieth it them This Sword is fit only to hang at the Kings side as the Great Seal hangs at his girdle being as it were the key of the whole Kingdom and it is recorded of the Emperour Charlemain that he carried his Great Seal always embossd upon the pommel of his Sword which signified that he was ready to make good and maintain what he had Seald Now to let the Peeple have the Sword is to put it into a Mad-mans hand And one of the pregnantst Forren examples to prove this is that notorious Popular insurrection in France calld La Iaquerie de Beauvoisin when the Peasans and Mechanicks had a designe to wrest it out of the Kings hand for to depress all the Peers and Noblesse of the Kingdom and the Rebellion had grown to such a strength that it was like to take effect had not the Prelats and Churchmen stuck close to the King and the Nobility but afterwards poor hare-braind things they desired the King upon bended knee to take the Sword again The Civilians who in all points are not so great frends to Royalty as the Common Law is assert That ther are six Praerogatives which belong to a Souvrain Prince 1. Armamenta Army 2. Potestas Iudicatoria power of Judicature 3. Potestas vitae necis power of life and death 4. Bona adespota masterless goods 5. Census the numbring of the people 6. Monetarum valor the raising or abating the value of the publick Coyn. Among these Regalias we finde that Arming which in effect is nothing els but the Kings Sword is one and as I said before t is as proper and peculiar to his Person and to be soly on his side as the Crown on his Head or the Scepter in his hand and of greater importance then either For by those two he draws only a voluntary love and an opinion from his Subjects but by the Sword as threed thorow a Needles eye he draws a Reverential Fear and aw Now these two mixd with the other are the best Ingredients of Government With the Sword he confers Honors as dubbing of Knights c. From this Sword all the chiefest Magistrates have their authority The Lord Deputy of Ireland the Lords Mayors of London and York have their Swords by deputation from Him and when he entreth any place Corporat the first thing which is presented unto him is the Sword Nor doth the point of this Sword pass thorow the diameter and reach only to evry corner of his own Dominions but it extends beyond the Seas as well to preserve his Subjects from oppression and denial of Justice as to vindicat publike wrongs and affronts to make good the Interests of his Crown as also to assist his Confederats and friends And this publick Sword is so inseparable from him that by the Law of the Land he cannot ungird himself of it or transfer it to any other for that were to desert the protection of his peeple which is point blank against his Coronation-Oath and Office Therfore the very Proposition it self that the Long Parlement made to his late Majesty to have the Militia passd over unto them was no less then High Treason for nothing could be more derogatory to his Kingly Honor which they had protested so solemnly to maintain by their so many publick Instruments and Oaths We proceed now from the Rural Power or Country-campane of the King of Great Britain to his Oppidan Strength And first of his Court at Westminster where ther are 200 goodly tall men of his Gard Then he hath a Band of Pensioners who are Gentlemen of quality and wealth Moreover he hath 3000 Foot and 1000 Horse for his Life-Gard besides divers Garisons in sundry Towns And now we make our entrance into the City of London that huge Magazin of Men and Might A City that may well compare with any in France or Spain not only for Power but for any thing els and in some particulars may haply go beyond them and deserve a Precedence as shall be shewd Nor doth this Power extend only to her own Self-protection but it may be made use of for any part of the Kingdome upon any Civil Insurrection or otherwise as it shall please the Sovrain Prince and no other whatsoever to employ it The City of London is like a fair Quiver of keen strong Arrows for the King to draw forth upon all occasions for his own and his peeples preservation For besides twelve thousand choice gallant Citizens in London and Westminster with the Hamlets of the Tower who are enrolld and always ready and have their Arms fixd for Honor and Defence ther may be as appears by divers Censes and Computations which have bin made about two hundred thousand choice able men raisd for service if necessity requires and the City will scarce sensibly miss them nor are Seamen Mariners and Water-men meant to be of this number The Kings of France and Spain I may well avouch have not any such Town or City That which is most capable of comparison with London is Paris for which she hath many advantages for she is a Cité Ville and Université she is a City a Town and an University as also the chiefest Residence of the French King But le ts go a little to particulars and first to the Populousness of both Cities They say that the Parishes of St. Eustace and St. Innocent which lie about the centre of Paris have above one hundred thousand Communicants in them alone and that by the last Cense which was made ther were neer upon a million of humane Souls in City and Suburbs wherof the sixth part are made up of Strangers and Church-men which the King cannot make use of upon Military occasions But look a little forward it will appeer that London hath above a Million of souls For largeness and magnitude t is tru that Paris hath the advantage of an Orbicular Figure which is most capacious of any But by the judgment of those Mathematicians who have taken a survay of both Cities if London were cast into a Circle she wold be altogether as big as Paris Touching publick Buildings t is tru that the Louvre is a vast Fabrick and the like is not found in London but t is the only Court the French King hath in
of Peace As I was writing this me thought I had whisperd in my ear that the French King hath one kind of Power that transcends any of the King of Great Britains which is that he may impose what Taxes he please upon the peeple by his Edicts alone T is tru he can and he may thank the English for that power for when they had coopd him up in a corner of France in Berry the Victorious English being Masters of the rest That Power which before was in the Assembly of the three Estates of laying Impositions was invested in the King himself pro tempore during the Wars because the three Estates could not assemble But this Power makes him a King of Slaves rather then of Free Subjects and if they may be calld Subjects they are Subjects of an Asinin condition which cannot have any tru manly courage in them or a competency of wealth to bear it up which is the cause that though France be a rich and self-sufficient Country yet some think ther are more Beggers in Her then in all Christendome besides Now it is a Principle in the Civil Law That Dominum habere nobiliorem confert ad dignitatem Vassalorum nobiliorum habere populum confert ad nobilitatem Principis To have the nobler Lord conduceth to the dignity of the Vassal and to have the nobler Peeple conduceth to the dignity of the Prince By this Axiome the King of Great Britain is the more Noble because he is Lord of a free-born wealthy peeple and not of Slaves and Beggers Yet it cannot be denied but that it is one of the greatest advantages of power and repute for a King to be Rich provided he come not to be so by grinding the faces of his Subjects The Republik of Venice and the Seat of Genoa carry that high esteem in the world because the one hath the Tresury of Saint Mark and the other the Bank of St. George The Duke of Florence is stild the Grand Duke more then other Dukes who have larger Territories because he hath always a rich Tresury Therfore I will draw towards a conclusion of this Paragraph with this most humble Intimation to the great Council of England now Prorogued that at their Re-access they wold please to consider that wheras the fame of being Rich and to have the Coffers of his Crown well ballasted conduceth so much to the Repute of a King and so by Reflexions upon the whole Nation As also to make Him redoubtable both abroad and at home And wheras the contrary fame exposeth him to contempt Insultings and Pasquils as some frisking French Wits have bin lately too busie and bold that way and likewise our Neighbour Hans who daily offers us such insolencies which makes me think of an Italian Proverb which though homely yet it comes home to this purpose Cavagliero ò Principe senza quatrini è come un muro senza croce da tutti scompisciato A Cavalier or Prince without money is like a Wall without a Cross for evry one to draw upon Therfore I am bold to reiterat the foresaid humble Intimation I will not presume to say Advice though it may be well calld so to the Honorable House of Commons when They reassemble That in their great Wisedoms they wold have a sense of the present condition in this particular of their King so miraculously restord unto Us by a pure Act of the Omnipotent And that wheras the Two Neighbouring Kings have of late yeers enhancd their Revenues and Incomes far higher then they were formerly They wold be pleasd to think it not only agreeable to the Rules of tru Policie but most necessary for the Honor and safety of the whole Nation to make the Monarck of Great Britain to correspond and bear up in a hansome proportion this way with either of Them as He doth in all other things besides A Corollary to what hath bin said in this first Section IN the preceding Paragraphs it appeers by luculent and cleer proofs how the King of Great Britain Had to his Predecessor the first Christian King that ever was upon earth He had to his Predecessor the first Christian Emperour and Empress He had to his Predecessor the first Christian Worthy and the first Erector of Military Knighthood He had to his Predecessors some of the most victorious Kings that ever were His Predecessors were the first who freed themselfs from the Roman Yoke both in Temporals at first and in Spirituals afterwards It hath appeerd how He is Sovrain of the Noblest Order of Knighthood that any King hath It hath appeerd that his Ambassadors had the Precedence given Them in divers General Councils It hath appeerd how the King of Great Britain hath as Free-born and valiant Subjects as any other It hath appeerd that He hath the most plentiful and hospitable Court of any other King That He hath as independent Authority as any other King It hath appeerd that He hath the stoutest Men of War The Noblest Haven The Inaccessiblest Coasts with the greatest Command and Power at Sea of any other Which makes the English Merchants to be so highly respected abroad above other Nations having more Privileges at the entrance of the Baltik in the Sound as also in Hamborough and Holland where they have Houses like Palaces provided for them gratis and free from Excise In Ligorne in Constantinople and the gran Mosco they are more esteemd then any other Merchants And t is well known how his Subjects the Scots have the privilege of Preemption in the Vintage at Bourdeaux with divers other Immunities in France above other Nations Wherfore if any King may be calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 t is the King of Great Britain to whom that famous Verse of the Father of Poets may be applyed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Scepter is given Thee to be Honord by all To these particulars we will subjoyn the Reasons that Sir Henry Nevill with the rest of the English Ambassadors sent by Queen Elizabeth in a joynt Legantine Commission to Bullen in France to negotiat with Don Balthasar de Zuniga and others sent Ambassadors from Philip the second of Spain and the Archduke Albertus I say we will insert here the Reasons which the English Ambassadors gave then for prerogative and right of Antecedence in the contest that happend then with those of Spain by a Remonstrance which they sent the said Ambassadors in these words as t is extracted out of the Record it self Illustres Magnifici Domini Perlegimus scriptum quod Illustres Magnificae personae vestrae ad nos heri miserunt Illa capita quae substitutionis potestatem sigilli vigorem attingunt statuimus non ulteriùs prosequi confidentes de sinceritate serenissimi Domini Archiducis acquiescentes integritate Illustrium Magnificarum vestrarum personarum quae nobis pollicentur bonam fidem in hoc quod agitur negotio summo cum candore humanitate conjunctum Clausulam vero
employd that he be well versd in the Speech therof for it is a sad thing when one is sent Ambassador to see fashions and learn the Language of a Country Lastly ther 's nothing more concerns the Office and Duty of an Ambassador as it was touchd before then to be true to his Instructions Brunus tells us that Qui extra Mandatum agit aliud agit Who acts beyond his Commission acts another thing Yet it cannot be denied but many things in point of circumstance are left to the discretion of a Plenipotentiary Ambassador therfore as I take it ther was by the twelve Tables in Rome a latitude of power left to Legats Quae bonum Patriae eminenter tangunt etiamsi non Mandentur agunto What eminently concerns the publik good though not commanded let them be done The eighth Paragraph Touching the Laws of England relating to Ambassadors in point of Reception Audience Treatments and Rewards as also what prudence hath bin usd for composing of Contestations betwixt them in point of Precedence c. HAving spoken hitherto generally of the concernments of Ambassadors and the privileges of Legation We will now make some inspections in particular into the Constitutions and Common Laws of England which may be calld Civil and very complying in this point The Law of England as the great Father of it my Lord Coke says That Honor Legati honor mittentis est The honor of an Ambassador is the honor of him who sent him That Legati aut Proregis dedecus redundat in Regem The affront offerd an Ambassador redounds to his King By the Common Law of England t is High Treson to kill an Ambassador as among others ther are Examples in the persons of Iohn Kerby and Iohn Algore the one a London-Mercer the other a Grocer who were both arraignd convicted and condemned for killing Iohn Imperial who was Ambassador from Genoa for a Patent he had got of the King for the sole importing of all Commodities from the Levant parts I. Hill was also condemned of High Treson for killing of A. de Walton who was Ambassador c. Then the high civilities that were shewd by King Iames to the Marquiss of Inojosa and Don Carlos Coloma the Spanish Ambassadors notwithstanding their high misdemenures for calumniating the last Duke of Buckingham and through him the Prince of Wales his sole Son and Heir apparent to the Crown as it is mentiond in the next preceding Paragraph And as the Law of England is so respectful of Ambassadors so for her own she useth to furnish them with as political Commissions and Instructions and as exactly couchd as any other Kings Ambassadors whatsoever I will produce only two Examples the one ancient the other modern the first is of Ambassadors sent to the Council of Basile which runs thus Ad Concilium Basiliense sub Eugenio Papa destinati sunt per Regem Ambasciatores Oratores Episcopus Robertus London Philippus Exoniensis Iohannes Roffensiis Iohannes Bajocens Edwardus Comes Moriton Abbas Glastoneensis B. M. Eboracensis Prior Norwici Henricus Bromflet miles Dominus Vesciae Thomas Browne Legum Doctor Decanus Sarum Iohannes Coleville Miles alii Dante 's damus iis Ipsorum majori parti potestatem Mandatum tam generale quà m speciale nomine nostro pro nobis in eodem Concilio interessendi tractandi communicandi concludendi tam de iis quae Reformationem Ecclesiae Universalis tam in Capite in Membris quà m in iis quae Fidei Orthodoxae fulcimentum Regumque ac Principum Pacificationem concernere poterint Nec non de super Pace perpetua guerrarumque abstinentia inter Nos Carolum adversarium nostrum de Francia ac etiam tractandi communicandi appunctandi consentiendi insuper si opus fuerit aissentiendi iis quae juxta deliberationem dicti Concilii initi statui ordinari contigerit Promittentes promittimus bona fide nos ratum gratum firmum perpetuò habiturum totum quicquid per dictos Ambasciatores Oratores Procuratores nostros aut Majorum partem Eorundem actum factum ceu gestum fuerit in praemissis singulis praemissorum Et Hoc idem cùm de super iis certiorati fuerimus ad Nos Christianum Principem attinet executioni debitae curabimus demandaâ—…i In cujus rei testimonium has Literas nostras fiâ—…ri fecimus Patentes Datum sub sigillo nostro Magno in Palatio nostro West monasteriensi x die Julii c. We delegat to the Council of Basil under Pope Eugenius for Ambassadors and Orators Bishop Robert of London Philip of Exceter c. Giving and do herby give them and the major part of them power and command as well general as special in our name and for us to be present to treat communicat and conclude things as well concerning the Reformation of the universal Church as the Pacification of Kings and Princes and likewise of and concerning a perpetual peace and abstinence from VVar betwixt Us and Charles of France our Adversary and also to treat communicat appoint and to consent besides and if need be to dissent from such things that shall happen to be appointed and ordained according to the deliberation of the said Council Promising and we do promise in good Faith to hold for ratified acceptable and firm to perpetuity whatsoever shall be acted or done by our said Ambassadors Orators or Proctors or the greatest part of them in relation to the Premises and any part therof whensoever we shall be certified and as becomes a Christian Prince we shall have a care that all be put in due execution In testimony wherof we have causd these our Letters to be Patents Given under our Great Seal in our Palace at Westminster x Iulii c. Ther repaird to this Council also Henry Beaufort Son of Iohn of Gaunt Bishop of Winchester and Cardinal of St. Eusebius having had license to transport 20000 l. in Gold and Silver which was a mighty sum in those daies which money as the story hath it though mute yet they were moving Ambassadors The second example shall be of Robert Sydney now Earl of Leicester in an extraordinary Embassy to the King of Denmark and other Princes of Germany whose Instructions were these following CHARLES R. Instructions for our right trusty and right well-beloved Cosen Robert Earl of Leicester Vicount Lisle and Baron of Sulney our Ambassador to our dear Uncle Christian 4. King of Denmark c. VVe have preferrd you before others to this honorable Employment because we have observd your constant application to vertuous and noble courses and wold have it known to all that we esteem Titles not of those that bury them in obscurity and Vice but of such that improve their worth for publik service in VVar or Peace wherby tru Nobility raiseth it self above the common sort VVe send you to a great King whom we love and honor not only for his
sides what Law shall please himself which may reasonably be feared if no cours be timely taken for preservation of their rights by treaty or otherwise On the other side you may lay before him the power yet remaining in the puissant house of Austria with the dependance of Bavaria and other German Princes and how both sides are supported by forren assistants those with the money and countenance of Spain these with the actual arms of France besides the diversions of the Low Countries and Italy so as in all probability the War is like to last long and the balance may be swayd as other Princes put to their hands And the King of Swede having lately moved both the Princes and States of his alliance and others to joyn league for the liberty of Germany and for peace and inviting us to joyn therin and the Emperour also discovering on his side an inclination to treaty and to peace you must entreat for our better information our Uncles sound advice and how he stands affected and whether he be engaged in any such treaty with whom and how far and whether our conjunction with the rest will be desired To which we may by him be perswaded to apply our selves so as by the treaty the full restitution of our Brother and Sister to their Patrimonial Dignities and Estates being the only interest of our engagement may be effectually provided for If upon these intimations the King shall reveal unto you any overtures of a treaty already in hand and that therin our conjunction will be desired you shall with speed give us account of the particulars and of the grounds therof with all the circumstances of persons times and places that therupon we may send you such further powers and instructions for your proceedings with our Uncle and other Princes as with the advice of our Council we shall think meet Besides this main business other occasions may be apprehended there by you for the advantage of our service for iâ—… by conference with Avery you shall understand of any impediment or obstruction of the trade of our Merchants residing in Hamborough caused by any difference betwixt that King and the Town or by his pretence of commanding the River of Elve you shall do Offices in our name betwixt our Uncle and the Town to remove offences and to settle good agreement upon honorable terms for the King and so as an Innovation may not be made which may prejudice the intended treaty or which may restrain our Merchants from that freedome of trade there which they have enjoyed so many yeers And wheras by occasion of the War betwixt Poland and Sweden new Impositions are raised in the Pellow and elsewhere with other restraints of trade which in the end will force our Merchants and the Low Country-men also to seek the Commodities of Eastland in America to the great detriment of the Kings Customes at Elsenore you shall in this regard advise with our Uncle how the ancient freedom in like manner may be restored in that trade For Island you shall signifie to our Uncle that in conformity to his late Letters we have prohibited our subjects that Fish in those Seas or fetch Hawks from those parts either to export or import any Merchandise to hinder his Farmers not doubting of his gracious reciprocal favor to our said subjects in their lawful proceedings Concerning our Coller of Rubies which hath formerly bin engagd to raise moneys you shall inform your self by Avery how the case now stands and shall proceed as upon further advice therof we shall direct You shall keep good correspondence with our Ambassadors and Agents in all parts as occasion shall be offered but especially with Sir Henry Vane who is employed with the King of Sweden and with Sir Robert Anstruther at the Emperours Court. IOHN COKE By these two Presidents of Commission and Instructions we may see how exact and curious the English Court is in this point how quaintly such Publik Dispatches are couchd not so plain and flat with such superfluity of speech as I have seen the Instructions of other Princes stuffd withal We will to the Reception Attendance Treatments Gifts Lautia composing of Differences with other high civilities usd towards Forren Ambassadors in the English Court. Touching the first Ther are no Ambassadors whatsoever receavd more splendidly and with greater state both by water and land then in England For first he is brought in Royal Barges a good way upon a Noble Navigable River through a Forest of main Masts on both sides and landed at the stairs of a huge Tower in sight of a stupendious Bridg such as I may well say the world hath not the like Then is he conducted in the Kings Coach with a great number besides through the centre of the City of London to a house expresly provided for him if he comes extraordinary where he is magnificently treated for divers days upon the Kings charge Now the Rule of the Court is That the Ambassador of a King is to be brought in by an Earl at least an Ambassador from Dukes and Republiks to be brought in by a Baron T is a Rule also that no Ambassadors be allowd this honor at privat Audiences but only at the first and last publik or when any are invited to Dine with the King Moreover that no Ambassador except a Kings is to be met with the Kings Coach further off then the Tower-wharf And wheras the Coaches of other Ambassadors residing upon the place were usd to go to accompany the new-landed Ambassador from Tower-wharf which gave occasion of clashing for Precedeâ—…ce of Coaches as happened the last yeer twixt the Spanish Ambassador the Baron of Batteville and Monsieur Lestrade the French which flew so high that it went to effusion of blood and killing as it is mentiond before in the last Paragraph of the first Section more particularly Ther is an Act of State passd that all Forren Ambassadors shall forbear for the future from that complement of sending their Coaches to that purpose Well the new Ambassador being so housd is visited by persons of Quality as also by other Ambassadors Now it is a Maxime among Ambassadors That the first come is to visit the last come Touching Presents ther 's no Court goes beyond that of England It was a Rule that the French and Spanish Ordinaries were to have 4000 Ounces of Gilt Plate at their departure The Venetian Ambassador 2000 The Archdukes 1600 c. But by the Examples of other Courts ther was a retrenchment herof and it began first with Monsieur Buisseaux in King Iames his Raign who had but 2000 Ounces sent Him the Venetian 1600 and the Archdukes 1000 c. Touching divers sorts of Clashes Contestations Differences and Punctilios betwixt Ambassadors ther have bin as prudent and preventing courses taken in the English Court from time to time as in any other as will appeer in the printed Observations of that worthy Knight Sir Iohn Finets to